/raid1/www/Hosts/bankrupt/CAR_Public/231020.mbx
C L A S S A C T I O N R E P O R T E R
Friday, October 20, 2023, Vol. 25, No. 211
Headlines
AMERICAN HONDA: Moore Sues Over Transmission Programming Defect
BOTTOM LINE: Martin Sues Over Prerecorded Telemarketing Calls
CADENCE BANK: Pratt Sues Over Failure to Protect Personal Info
CATAWBA COLLEGE: Ortiz Files ADA Suit in S.D. New York
EZ FESTIVALS: Brockmole Files Suit in S.D. New York
FAIRFAX ORAL: Cancel Sues Over Failure to Secure Information
GOOGLE LLC: Fails to Pay Proper Wages, Adler Suit Alleges
HIGHGATE HOTELS: Murthada Sues Over Unpaid OT, Discrimination
HILL FARRER: Booker Sues Over Reckless Cybersecurity Measures
HOLLIDAY ROCK: Tanner Files Suit in Cal. Super. Ct.
HOSPITALITY STAFFING: Smith Suit Removed to M.D. Florida
HYATT CORP: Insixiengmay Seeks Initial Approval of PAGA Settlement
HYOSUNG HICO: Fails to Pay Proper Wages, Bell Suit Alleges
IC SYSTEMS: Mhrez Sues Over Vague Debt Collection Letter
INTELIFI INC: Crain Suit Removed to C.D. California
INTELLIHARTX LLC: Fullingtion Suit Transferred to N.D. Ohio
INTERNATIONAL BUSINESS: Pettiford Balks at Unprotected Private Info
INTERNATIONAL COFFEE: Fisher Suit Removed to S.D. California
JAZZ PHARMACEUTICALS: Faces Consolidated Suit in N.D. Cal.
JOHNSON & JOHNSON: Lewis Sues Over Deceptive Nasal Decongestant Ads
LABCORP PERI-APPROVAL: Urias Suit Removed to S.D. California
LABORATORY CORPORATION: Young Suit Removed to W.D. Washington
MARCADIS CAREY: Rivero Sues Over Illegal Debt Collection Practices
MASTRO CONCRETE: Faces Mata Suit Over Unlawful Labor Practices
MGM RESORTS: Terezo Sues Over Failure to Prevent Cyberattack
NEOVIA LOGISTICS: Sanders Suit Removed to C.D. California
NEW YORK, NY: Puig Sues Over Unpaid Overtime Wages
NEWREZ LLC: Hernandez Files Suit in E.D. Pennsylvania
NEXCARE HEALTH: Miller Sues Over Failure to Pay Overtime Wages
NUANCE COMMUNICATIONS: Salas Sues Over Failure to Safeguard PII
ORAL SURGEONS: Glass Sues Over Failure to Secure Personal Data
PLATEIA INC: Faces Rivera Suit Over Unpaid Overtime Wages
PROCTER & GAMBLE: Reyes Sues Over Nasal Decongestants' Deceptive Ad
PROCTER & GAMBLE: Tobin Sues Over Misstatements Made on Labels
PROGRESSIVE CASUALTY: Madaffari Suit Removed to S.D. Florida
PROSPECT MEDICAL: Hoggro Files Suit in C.D. California
RA JOHNSFAM INC: Juarez Files Suit in Cal. Super. Ct.
REGINA'S FAMILY: Faces Melik Wage-and-Hour Suit in E.D.N.Y.
RICO CHIMI: Faces Ovaez Wage-and-Hour Suit in E.D.N.Y.
SHEAR ENTERPRISES: Faces Garcia Suit Over Unwanted Text Messages
SHIMANO NORTH AMERICA: Erazo Sues Over Defective Cranksets
SIMILASAN CORPORATION: Ortega Sues Over Unapproved Eye Drop Product
SPACE EXPLORATION: Fails to Pay Proper Wages, Foltz Alleges
TATTLE TAIL: Owen Sues Over Unpaid Wages, Unlawful Taking of Tips
TEMPLE FAMILY: Fails to Pay Proper Overtime, Malloy Suit Says
TOYOTA MOTORS: Miles Files Suit in C.D. California
UNITEDLEX CORP: Krant Sues Over Failure to Protect Personal Info
VHS OF MICHIGAN: Kumpula Sues Over Nurses' Unpaid OT
Asbestos Litigation
*********
AMERICAN HONDA: Moore Sues Over Transmission Programming Defect
---------------------------------------------------------------
KEVIN MOORE and ANITA MOORE, individually, and on behalf of other
members of the general public similarly situated, Plaintiffs v.
AMERICAN HONDA MOTOR CO., INC., a California corporation, and HONDA
MOTOR COMPANY LTD., a Japanese corporation, Defendants, Case No.
3:23-cv-05011 (N.D. Cal., Sept. 29, 2023) is a consumer class
action concerning Defendants' failure to disclose material facts
and a safety concern of Honda vehicle models with a 9-speed
automatic transmission in violation of California's Consumers Legal
Remedies Act, Unfair Competition Law, Song-Beverly Consumer
Warranty Act, and the Magnuson-Moss Warranty Act.
The Plaintiffs bring this action for themselves and on behalf of
all Class Members, i.e., all current and former owners or lessees
who purchased or leased any Honda vehicle equipped with a 9-speed
automatic transmission designed, manufactured, marketed,
distributed, sold, warranted, and/or serviced by the Defendants.
According to the complaint, the Class Vehicles equipped with the ZF
9HP Automatic Transmission contain design and/or workmanship
defects in that there is improper design and/or calibration of the
software in control of the transmission, including the Transmission
Control Module and the Powertrain Control Module. The transmission
programming defect thus causes the transmission to exhibit the
following: illumination of the Malfunction Indicator Light, rough,
delayed, or sudden shifting or failure to shift; grinding or other
loud noises during shifting; harsh engagement of gears; sudden or
harsh accelerations/decelerations; and sudden loss of power, says
the suit.
As a result of the alleged transmission programming defect,
Plaintiffs and Class Members were harmed and suffered actual
damages in that the Class vehicles' transmission components are
substantially certain to fail or require replacement or repair
before their expected useful life has run.
American Honda Motor Co., Inc. develops and manufactures
automobiles.[BN]
The Plaintiffs are represented by:
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
- and -
Russell D. Paul, Esq.
Amey J. Park, Esq.
Abigail J. Gertner, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
BOTTOM LINE: Martin Sues Over Prerecorded Telemarketing Calls
-------------------------------------------------------------
QIANA MARTIN, on behalf of herself and all others similarly
situated, Plaintiff v. BOTTOM LINE CONCEPTS, LLC, Defendant, Case
No. 7:23-cv-08510 (S.D.N.Y., Sept. 27, 2023) arises from the
Defendant's practice of making unsolicited prerecorded
telemarketing calls without prior express written consent, in
violation of the Telephone Consumer Protection Act.
In order to market its services, Defendant and various affiliates
acting on its behalf, make prerecorded telemarketing calls
soliciting individuals to work with Bottom Line to submit ERC
applications. Because each of these calls were advertising
Defendant's products and/or services, they constitute telemarketing
and telephone solicitations, says the suit.
Plaintiff Martin has allegedly suffered concrete harm because of
Defendant's unwanted and unsolicited telemarketing calls,
including, but not limited to lost time tending to and responding
to the unsolicited calls and voicemail messages; invasion of
privacy; and nuisance.
Bottom Line Concepts, LLC is a business management consultant based
in North Miami Beach, Florida.[BN]
The Plaintiff is represented by:
Javier L. Merino, Esq.
THE DANN LAW FIRM
1520 U.S. Highway 130, Suite 101
North Brunswick, NJ 08902
Telephone: (201) 355-3440
Facsimile: (216) 373-0536
- and -
Eric H. Weitz, Esq.
Max S. Morgan, Esq.
THE WEITZ FIRM, LLC
1515 Market Street, #1100
Philadelphia, PA 19102
Telephone: (267) 587-6240
Facsimile: (215) 689-0875
E-mail: eric.weitz@theweitzfirm.com
max.morgan@theweitzfirm.com
CADENCE BANK: Pratt Sues Over Failure to Protect Personal Info
--------------------------------------------------------------
TAMMY PRATT, on behalf of herself individually and on behalf of all
others similarly situated, Plaintiff v. CADENCE BANK, Defendant,
Case No. 4:23-cv-03674 (S.D. Tex., Sept. 29, 2023) is a class
action against Cadence for its failure to properly secure and
safeguard Plaintiff's and other similarly situated Cadence
customers' sensitive information, including full names, dates of
birth, driver's license numbers, financial account information, and
Social Security numbers.
On June 1, 2023, Defendant learned that one its IT vendor's
networks had been penetrated by a cyberattack. In response,
Defendant "launched an investigation with the assistance of a
leading cybersecurity firm and data analytics firm." As a result of
its investigation, Defendant concluded, on June 18, 2023, that "an
unauthorized third-party exploited the zero-day vulnerability and
accessed and downloaded information being stored within the MOVEit
application between May 28-31, 2023."
The Plaintiff brings this action on behalf of all persons whose PII
was compromised as a result of Defendant's failure to: (i)
adequately protect the personally identifiable information of
Plaintiff and Class Members; (ii) warn Plaintiff and Class Members
of Defendant's inadequate information security practices; and (iii)
effectively secure hardware containing protected PII using
reasonable and effective security procedures free of
vulnerabilities and incidents. The Defendant's conduct amounts at
least to negligence and violates federal and state statutes, says
the suit.
Cadence Bank is a banking firm that provides financial services to
its customers, including checking accounts, savings accounts,
personal wealth management, and loans and lines of credit.[BN]
The Plaintiff is represented by:
Alexander Wolf, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
5528 Shadow Crest Street
Houston, TX 77096
Telephone: (872) 365-7060
E-mail: awolf@milberg.com
CATAWBA COLLEGE: Ortiz Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Catawba College. The
case is styled as Joseph Ortiz, on behalf of himself and all other
persons similarly situated v. Catawba College, Case No.
1:23-cv-01048 (S.D.N.Y., Oct. 3, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Catawba College -- http://www.catawba.edu/-- is a private college
in Salisbury, North Carolina.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq/
Michael A. LaBollita, Esq.
GOTTFRIED & GOTTFRIED, LLP
122 East 42nd. St., Suite 620
New York, NY 10168
Phone: (212) 228-9795
Email: jeffrey@gottlieb.legal
michael@gottlieb.legal
EZ FESTIVALS: Brockmole Files Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against EZ Festivals LLC, et
al. The case is styled as Nicole Brockmole, Lauren Bair, on behalf
of themselves and all others similarly situated v. EZ Festivals
LLC, Avant Gardner LLC, Made Event LLC, John Does No. 1-10, Case
No. 1:23-cv-08106-VM (S.D.N.Y., Sept. 13, 2023).
The nature of suit is stated as Other Contract for Personal
Injury.
EZ Events specializes in all types of special events including
Weddings, Communions, Engagements, Bar & Bat Mitzvahs, Proposals,
Birthdays, Anniversaries and more.[BN]
The Plaintiffs are represented by:
Fletcher Williams Moore, Esq.
MOORE KUEHN, PLLC
30 Wall Street, 8FL
New York, NY 10005
Phone: (212) 709-8245
Email: fmoore@moorekuehn.com
- and -
Olimpio Lee Squitieri, Esq.
SQUITIERI & FEARON, LLP
305 Broadway, Ste. 7th Floor
New York, NY 10007
Phone: (212) 421-6492
Fax: (212) 421-6553
Email: lee@sfclasslaw.com
FAIRFAX ORAL: Cancel Sues Over Failure to Secure Information
------------------------------------------------------------
Jetsuel Cancel and Jerome Smith, individually and on behalf of all
others similarly situated v. Fairfax Oral and Maxillofacial
Surgery, Case No. 1:23-cv-01235-CMH-LRV (E.D. Va., Sept. 12, 2023),
is brought against Defendant arising out of the Defendant failures
to properly secure, safeguard, encrypt, and/or timely and
adequately destroy Plaintiff(s)' and Class Members' sensitive
personal identifiable information that it had acquired and stored
for its business purposes.
This failure to secure and monitor its network resulted in a May
2023 data breach ("Data Breach") of highly sensitive documents and
information stored on the computer network of FOMS, an organization
that provides medical treatment and/or employment to individuals,
including Plaintiff(s) and Class Members. The Defendant's data
security failures allowed a targeted cyberattack in May 2023 to
compromise Defendant's network (the "Data Breach") that contained
personally identifiable information ("PII") and protected health
information ("PHI") (collectively, "the Private Information") of
Plaintiffs and other individuals ("the Class").
According to a notice on its website, Defendant confirmed that
"security incident" occurred on its network on May 16, 2023.
Despite learning of the Data Breach on or about May 16, 2023 and
determining that Private Information was involved in the breach
between May 15, 2023 and May 16, 2023, Defendant claims it did not
begin sending notices of the Data Breach (the "Notice of Data
Breach Letter") until July 14, 2023. Plaintiff Smith's notice is
dated August 18, 2023, and he received it sometime thereafter.
The Private Information compromised in the Data Breach included
certain personal or protected health information of current and
former employees and patients, including Plaintiff(s). This Private
Information included, but is not limited to: name, driver's license
number, Social Security number, health insurance information,
and/or medical information. The Data Breach was a direct result of
Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
individuals' Private Information with which it was entrusted for
either treatment or employment or both.
The Plaintiff(s) bring this class action lawsuit on behalf of
themselves and all others similarly situated to address Defendant's
inadequate safeguarding of Class Members' Private Information that
it collected and maintained, and for failing to provide timely and
adequate notice to Plaintiff(s) and other Class Members that their
information had been subject to the unauthorized access of an
unknown third party and including in that notice precisely what
specific types of information were accessed and taken by
cybercriminals, says the complaint.
The Plaintiff was a patient of FOMS received notice of the Data
Breach dated August 18, 2023.
Fairfax Oral and Maxillofacial Surgery has been established since
1980 and claims to have over 100 years of diverse experience.[BN]
The Plaintiff is represented by:
David Hilton Wise, Esq.
Joseph M. Langone, Esq.
William Evans, Esq.
WISE LAW FIRM PLC
10640 Page Avenue, Suite 320
Fairfax, VA 22030
Phone: 703-934-6377
Email: dwise@wiselaw.pro
jlangone@wiselaw.pro
wevans@wiselaw.pro
- and -
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
Lisa A. White, Esq.
MASON LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015
Phone: (202) 429-2290
Email: gmason@masonllp.com
dperry@masonllp.com
lwhite@masonllp.com
GOOGLE LLC: Fails to Pay Proper Wages, Adler Suit Alleges
---------------------------------------------------------
ELLIOT ADLER, individually and on behalf of all others
similarly-situated, Plaintiff v. GOOGLE LLC, Defendant, Case No.
1:23-cv-08677 (S.D.N.Y., Oct. 3, 2023) is an action against the
Defendant for making unlawful deductions from employees' earned
wages.
Plaintiff Adler was employed by the Defendant as a field sales
representative.
Google LLC operates as a global technology company specializes in
internet related services and products. The Company focuses on
web-based search and display advertising tools, search engine,
cloud computing, software, and hardware. [BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Michael R. Minkoff, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, New York 10022
Tel: (212) 227-5700
HIGHGATE HOTELS: Murthada Sues Over Unpaid OT, Discrimination
-------------------------------------------------------------
AL SADIK MURTHADA, on behalf of himself, FLSA Collective Plaintiffs
and the Class, Plaintiff v. HIGHGATE HOTELS, L.P., d/b/a ROYALTON
PARK AVENUE HOTEL TG 29 HOSPITALITY LLC, and JOHN DOE CORPORATION,
Defendants, Case No. 1:23-cv-08615 (S.D.N.Y., Sept. 29, 2023)
arises from the Defendants' alleged unlawful labor practices in
violation of the Fair Labor Standards Act, the New York Labor Law,
and the New York State Human Rights Law.
The Plaintiff seeks to recover from Defendants unpaid wages,
including overtime, due to a policy of time-shaving; unpaid spread
of hours premium; unpaid call-in pay premiums; illegal retention of
gratuities; statutory penalties; liquidated damages; and attorneys'
fees and costs.
The Plaintiff further asserts that he was deprived of his statutory
rights and was discriminated against as a result of Defendants
fostering a hostile work environment based on his race, religion,
language, and nationality; and seeks to recover economic damages,
compensatory damages, punitive damages, as well as attorneys' fees
and costs.
The Plaintiff was hired by the Defendants to work as a room service
attendant at their Royalton Park Avenue Hotel from October 2017
until March 2023.
Highgate Hotels, L.P is a real estate investment and hospitality
management company.[BN]
The Plaintiff is represented by:
CK Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
HILL FARRER: Booker Sues Over Reckless Cybersecurity Measures
-------------------------------------------------------------
Michelle Booker, an individually, and on behalf of all similarly
situated individuals v. HILL, FARRER & BURRILL LLP, a limited
liability partnership; and DOES 1 through 50, inclusive, Case No.
23STCV22220 (Cal. Super. Ct., Los Angeles Cty., Sept. 14, 2023), is
brought seeking to hold Defendant responsible for the harms caused
to Plaintiff and other similarly situated persons ("Class" or
"Class Members" or "Breach Victims") in a massive and preventable
data breach of Defendant's inadequately protected computer network
and to hold Defendant responsible for its negligent and reckless
failure to use reasonable, current cybersecurity measures to
protect class members' Personal Information.
Following an investigation, which concluded on August 7, 2023,
Defendant determined that cybercriminals gained unauthorized access
to its systems between March 14, 2022 and March 18, 2022 (the "Data
Breach" or "Breach"). This unauthorized user(s) accessed
inadequately protected electronic systems of Defendant and stole
the sensitive personal information ("Personal Information"),
including names, dates of births, Social Security numbers, and
medical treatment information of Plaintiff and Breach Victims.
In short, thanks to Defendant's failure to protect the Breach
Victims' Personal Information, cybercriminals were able to steal
everything they could possibly need to commit nearly every
conceivable form of identity theft and wreak havoc on the financial
and personal lives of potentially millions of individuals.
The Defendant's conduct--failing to implement adequate and
reasonable measures to ensure their electronic systems were
protected, failing to take adequate steps to prevent and stop the
breach, and failing to timely detect the breach, failing to
disclose the material facts that they did not have adequate
electronic systems and security practices to safeguard the Personal
Information, failing to honor their duty to protect the Breach
Victims' Personal Identities, and failing to provide timely and
adequate notice of the Data Breach--caused substantial harm and
injuries to Plaintiff and the Class.
As a result of the Data Brach, Plaintiff and the Class have
suffered damages. The Plaintiff has experienced a flood of spam
telephone calls from the unknown persons since the Data Breach. Now
that their Personal Information has been hacked, Plaintiff and
Class Members are at imminent risk of identity theft. And this will
continue, as they must spent their time being extra vigilant, due
to Defendant's failures, to try to prevent being victimized for the
rest of their lives, says the complaint.
The Plaintiff is a citizen of California, currently residing in
Moreno Valley, California.
The Defendant is a full-service law firm in Los Angeles,
California.[BN]
The Plaintiff is represented by:
Kaveh S. Elihu, Esq.
Saima Ali Gipson, Esq.
EMPLOYEE JUSTICE LEGAL GROUP, PC
1001 Wilshire Boulevard
Los Angeles, CA 90017
Phone: (213) 382-2222
Facsimile: (213) 382-2230
Email: kelihu@ejlglaw.com
sali@ejlglaw.com
HOLLIDAY ROCK: Tanner Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Holliday Rock Co,
Inc., et al. The case is styled as Ronald Scott Tanner, an
individual and on behalf of all others similarly situated v.
Holliday Rock Co, Inc., DOES 1 through 100, inclusive, Case No.
CIVSB2322664 (Cal. Super. Ct., San Bernardino Cty., Sept. 13,
2023).
The case type is stated as "Complex Civil Unlimited."
Holliday Rock Co. -- https://www.hollidayrock.com/ -- is a
construction company specializing in asphalt, rock, and sand.[BN]
The Plaintiff is represented by:
BIBIYAN LAW GROUP PC
8484 Wilshire Blvd., Ste. 500
Beverly Hills, CA 90211-3243
Phone: 310-438-5555
HOSPITALITY STAFFING: Smith Suit Removed to M.D. Florida
--------------------------------------------------------
The case styled as Stephanie E. Smith, individually and on behalf
of all others similarly situated v. Hospitality Staffing Solutions,
LLC, Case No. 2023-CA-009868 was removed from the Circuit Court of
the Fourth Judicial Circuit, to the U.S. District Court for the
Middle District of Florida on Sept. 15, 2023.
The District Court Clerk assigned Case No. 3:23-cv-01094-BJD-PDB to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Hospitality Staffing Solutions -- https://www.hssstaffing.com/ --
is the largest hospitality staffing agency focused on hospitality
staff nationwide.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Rachel Nicole Edelsberg, Esq.
DAPEER LAW, P.A.
20900 NE 30th Ave., Ste. 417
Aventura, FL 33180
Phone: (305) 610-5223
Email: rachel@dapeer.com
The Defendant is represented by:
Julie Singer Brady, Esq.
BAKER & HOSTETLER, LLP
200 S Orange Ave., Suite 2300
Orlando, FL 32801
Phone: (407) 649-4000
Fax: (407) 841-0168
Email: jsingerbrady@bakerlaw.com
- and -
Christopher A. Wiech, Esq.
Georgia Bennett, Esq.
BAKER & HOSTETLER LLP
1170 Peachtree St NE, Suite 2400
Atlanta, GA 30309
Phone: (404) 946-9814
Email: cwiech@bakerlaw.com
HYATT CORP: Insixiengmay Seeks Initial Approval of PAGA Settlement
------------------------------------------------------------------
In the class action lawsuit captioned as JANICE INSIXIENGMAY,
individually and on behalf of all other similarly situated
employees, v. HYATT CORPORATION DBA HYATT REGENCY SACRAMENTO, a
Delaware Corporation; and DOES 1 to 100, inclusive, Case No.
2:18-cv-02993-TLN-DB (E.D. Cal.), the Plaintiff asks the Court to
enter an order for the following:
1. Preliminarily certifying the proposed class for purposes of
settlement;
2. Preliminarily appointing Plaintiff Janice Insixiengmay as
class
representative for purposes of settlement;
3. Preliminarily appointing Shimoda & Rodriguez Law, PC, as
Class
Counsel for purposes of settlement;
4. Preliminarily approving the proposed class action and Private
Attorneys General Act settlement, in the amount of $295,000,
which is incorporated by reference;
5. Preliminarily approving the appointment of CPT Group, Inc. as
the Settlement Administrator;
6. Preliminarily approving the settlement of claims under the
Private Attorneys General Act for the total amount of
$10,000,
75% of which will be paid to the Labor and Workforce
Development
Agency and 25% of which will be paid to Aggrieved Employees;
7. Approving as to form and content the Notice of Settlement,
which
provide Class Members information regarding the settlement,
their ability to opt out of, or object to, the class action
settlement and which provides instruction on how to dispute
an
individual's settlement allocation under the proposed
settlement
agreement;
8. Approving the proposed procedures to notify the class and
determining that the proposed notification procedures and
process complies with Class Members' due process rights and
directing the Notice of Settlement to be sent by first class
mail to Class Members;
9. Directing Defendant to report employment information,
including
social security numbers, to the Settlement Administrator to
administer the settlement proceeds;
10. Scheduling a fairness hearing on the question of whether the
proposed settlement should be finally approved as fair,
reasonable, and adequate;
11. Directing that any amount from settlement checks that were
not
cashed by the check cashing deadline be donated equally,
i.e.,
50/50, to Capital Pro Bono, Inc., and the Center for Workers
Rights under the doctrine of cy pres; and
12. Preliminarily and conditionally approving and adopting the
Proposed Order and its implementation schedule, which is
filed
and incorporated by reference.
Hyatt is a contemporary hotel located across the street from the
California State Capitol.
A copy of the Plaintiff's motion dated Oct. 5, 2023 is available
from PacerMonitor.com at https://bit.ly/46ybAs4 at no extra
charge.[CC]
The Plaintiff is represented by:
Galen T. Shimoda, Esq.
Justin P. Rodriguez, Esq.
Brittany V. Berzin, Esq.
SHIMODA & RODRIGUEZ LAW, PC
9401 East Stockton Boulevard, Suite 120
Elk Grove, CA 95624
Telephone: (916) 525-0716
Facsimile: (916) 760-3733
E-mail: attorney@shimodalaw.com
jrodriguez@shimodalaw.com
bberzin@shimodalaw.com
HYOSUNG HICO: Fails to Pay Proper Wages, Bell Suit Alleges
----------------------------------------------------------
TAMARA BELL, individually and on behalf of all others similarly
situated, Plaintiff v. HYOSUNG HICO, LTD. COMPANY, Defendant, Case
No. 2:23-cv-02628 (W.D. Tenn., Oct. 3, 2023) seeks to recover from
the Defendant unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Bell was employed by the Defendant as an engineer
technician.
HYOSUNG HICO, LTD. COMPANY owns and operates a manufacturing plant
in Shelby County, Tennessee. [BN]
The Plaintiff is represented by:
Alan G. Crone, Esq.
Philip E. Oliphant, Esq.
THE CRONE LAW FIRM, PLC
88 Union Avenue, 14th Floor
Memphis, TN 38103
Telephone: (901) 737-7740
Facsimile: (901) 474-7926
Email: acrone@cronelawfirmplc.com
poliphant@cronelawfirmplc.com
IC SYSTEMS: Mhrez Sues Over Vague Debt Collection Letter
--------------------------------------------------------
JASMINE MHREZ, individually, and on behalf of all others similarly
situated, Plaintiff v. IC SYSTEMS INC., Defendant, Case No.
HUD-L-003433-23 (N.J. Super., Hudson Cty., Sept. 27, 2023) is an
action for damages arising from Defendant's alleged violations of
the Fair Debt Collections Practices Act.
On a date better known to Defendant, Plaintiff Mhrez allegedly
incurred a medical debt. The debt allegedly incurred was for
personal, familial, and household purposes.
According to the complaint, a collection letter was sent to the
Plaintiff within one year of the date of this filing. However, the
precise date is completely uncertain because the letter does not
provide any date within the letter. The letter specifically
references the date of "today" as a time reference to explain the
amount of the debt. But because "today" is completely undefined
within the letter, Plaintiff, and the least sophisticated consumer
is left to guess when "today" is, and how much money is
specifically owed. By keeping critical information from Plaintiff,
Defendant has prevented Plaintiff from making the decision on
whether to pay the debt, and how quickly she must do so. The
failure to provide this date, has altered Plaintiff's decision on
whether to pay the debt or when, says the suit.
IC Systems Inc. is a debt recovery agency.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
400 Sylvan Ave. Suite 200
Englewood Cliffs, NJ 07632
Telephone: (862) 227-3106
E-mail: dz@zemellawllc.com
INTELIFI INC: Crain Suit Removed to C.D. California
---------------------------------------------------
The case styled as Eric Crain, for himself and on behalf of all
others similarly situated v. Intelifi Inc., Case No. 23SMCV11103
was removed from the Los Angeles County Superior Court, to the U.S.
District Court for the Central District of California on Sept. 14,
2023.
The District Court Clerk assigned Case No. 2:23-cv-07670-JFW-AGR to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Intelifi -- https://www.intelifi.com/ -- is an accredited
employment background screening company providing recruiters and
staffing agencies quality background checks.[BN]
The Plaintiff is represented by:
Conal F. Doyle, Esq.
J. Stephen Beke, Esq.
DOYLE LAW APC
280 South Beverly Drive Penthouse
Beverly Hills, CA 90212
Phone: (310) 385-0567
Fax: (310) 943-1780
Email: conal@conaldoylelaw.com
sbeke@conaldoylelaw.com
- and -
Craig Carley Marchiando, Esq.
Leonard A. Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES PC
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Phone: (757) 930-3660
Fax: (757) 257-3450
Email: craig@clalegal.com
lenbennett@clalegal.com
- and -
Marc R. Edelman, Esq.
MORGAN AND MORGAN PA
201 North Franklin Street, Suite 700
Tampa, FL 33602
Phone: (813) 577-4722
Fax: (813) 257-0572
Email: medelman@forthepeople.com
The Defendant is represented by:
Ian R. Feldman, Esq.
Tyler M. Costanzo, Esq.
CLAUSEN MILLER PC
27285 Las Ramblas Suite 200
Mission Viejo, CA 92692
Phone: (949) 260-3100
Fax: (949) 260-3190
Email: ifeldman@clausen.com
tcostanzo@clausen.com
INTELLIHARTX LLC: Fullingtion Suit Transferred to N.D. Ohio
-----------------------------------------------------------
The case styled as Artie Fullingtion, individually and on behalf of
all others similarly situated v. INTELLIHARTX, LLC, Case No.
12:23-cv-00107 was transferred from the U.S. District Court for the
Eastern District of Tennessee, to the U.S. District Court for the
Northern District of Ohio on Oct. 2, 2023.
The District Court Clerk assigned Case No. 3:23-cv-01918-JRK to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
IntelliHartx, LLC -- https://www.itxcompanies.com/ -- is a
healthcare revenue cycle management company based in McLean,
Virginia.[BN]
The Plaintiff is represented by:
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
Marcio W. Valladares, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, FL 33602
Phone: (813) 223-5505
Fax: (813) 223-5402
Email: jyanchunis@forthepeople.com
ramen@forthepeople.com
MValladares@forthepeople.com
- and -
R. Burke Keaty, II, Esq.
MORGAN & MORGAN
810 Broadway, Suite 105
Nashville, TN 37203
Phone: (615) 928-9901
Fax: (615) 928-9916
Email: bkeaty@forthepeople.com
The Defendant is represented by:
Samantha Gerken, Esq.
GORDON REES SCULLY MANSUKHANI - FRANKLIN
4031 Aspen Grove Drive, Ste. 290
Franklin, TN 37067
Phone: (615) 772-9014
INTERNATIONAL BUSINESS: Pettiford Balks at Unprotected Private Info
-------------------------------------------------------------------
MICHELE L. PETTIFORD, individually, and on behalf of all others
similarly situated, Plaintiff v. INTERNATIONAL BUSINESS MACHINES
CORPORATION and JOHNSON & JOHNSON HEALTH CARE SYSTEMS, INC.,
Defendants, Case No. 7:23-cv-08517 (S.D.N.Y., Sept. 27, 2023)
arises from the Defendants' failure to properly secure and
safeguard Representative Plaintiff's and Class Members' protected
health information(PHI) and personally identifiable
information(PII) stored within Defendants' information network,
including, without limitation, full names, contact information, and
information about medications and associated conditions.
With this action, Representative Plaintiff seeks to hold Defendants
responsible for the harms it caused and will continue to cause
Representative Plaintiff and, at least, thousands of other
similarly situated persons in the massive and preventable
cyberattack purportedly discovered by Defendants on August 2, 2023,
in which cybercriminals infiltrated Defendants' inadequately
protected network servers and accessed highly sensitive PHI/PII
that was being kept unprotected.
By obtaining, collecting, using, and deriving a benefit from
Representative Plaintiff's and Class Members' PHI/PII, Defendants
assumed legal and equitable duties to those individuals. These
duties arise from Health Insurance Portability and Accountability
Act of 1996, other state and federal statutes and regulations, and
common law principles. Representative Plaintiff do not bring claims
in this action for direct violations of HIPAA but charge Defendants
with various legal violations merely predicated upon the duties set
forth in HIPAA, says the suit.
International Business Machines Corporation is an American
multinational technology corporation headquartered in Armonk, New
York.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Christopher E. Berman, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
cberman@shamisgentile.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 289-9471
E-mail: scott@edelsberglaw.com
INTERNATIONAL COFFEE: Fisher Suit Removed to S.D. California
------------------------------------------------------------
The case styled as Lizette Fisher, individually, and on behalf of
others similarly situated v. International Coffee & Tea, LLC, Does
1-100, inclusive, Case No. 37-02023-000037152-CU-BT-CTL was removed
from the U Superior Court of the State of California, County, to
the U.S. District Court for the Southern District of California on
Oct. 2, 2023.
The District Court Clerk assigned Case No. 3:23-cv-01816-L-DDL to
the proceeding.
The nature of suit is stated as Other Fraud for the Class Action
Fairness Act.
International Coffee & Tea, LLC retails and distributes
non-alcoholic beverages.[BN]
The Plaintiff is represented by:
Eric K. Yaeckel, Esq.
Karoline Kitlowski, Esq.
Ryan Kuhn, Esq.
SULLIVAN LAW GROUP LLP
2330 Third Ave
San Diego, CA 92101
Phone: (619) 702-6760
Fax: (619) 702-6761
Email: yaeckel@sullivanlawgroupapc.com
karoline@sullivanlawgroupapc.com
ryan@sullivanlawgroupapc.com
The Defendant is represented by:
Keith D. Klein, Esq.
BRYAN CAVE LLP
120 Broadway, Suite 300
Santa Monica, CA 90401
Phone: (310) 576-2100
Fax: (310) 576-2200
Email: keith.klein@bryancave.com
- and -
Merrit M. Jones, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
Three Embarcadero Center, 7th Floor
San Francisco, CA 94111-4070
Phone: (415) 675-3400
Fax: (415) 675-3434
Email: merrit.jones@bclplaw.com
JAZZ PHARMACEUTICALS: Faces Consolidated Suit in N.D. Cal.
----------------------------------------------------------
Jazz Pharmaceuticals Public Limited Company disclosed in its Form
10-Q report for the quarterly period ended June 30, 2023, filed
with the Securities and Exchange Commission in August 9, 2023, that
it is facing a consolidated litigation in the United States
District Court for the Northern District of California filed in
December 2020.
On September 16, 2020, a class action lawsuit was filed in the
United States District Court for the Northern District of
California, by Ruth Hollman on behalf of herself and all others
similarly situated, against the company, Hikma Pharmaceuticals PLC,
Eurohealth (USA) Inc., Hikma Pharmaceuticals USA, Inc., West-Ward
Pharmaceuticals Corp., Roxane Laboratories, Inc., Amneal
Pharmaceuticals LLC, Endo International PLC, Endo Pharmaceuticals
LLC, Par Pharmaceutical, Inc., Lupin Ltd., Lupin Pharmaceuticals
Inc., Lupin Inc., Sun Pharmaceutical Industries Ltd., Sun
Pharmaceutical Holdings USA, Inc., Sun Pharmaceutical Industries,
Inc., Ranbaxy Laboratories Ltd., Teva Pharmaceutical Industries
Ltd., Watson Laboratories, Inc., Wockhardt Ltd., Morton Grove
Pharmaceuticals, Inc., Wockhardt USA LLC, Mallinckrodt plc, and
Mallinckrodt LLC.
Said lawsuit was filed on behalf of purported direct and indirect
purchasers of sodium oxybate oral solution "Xyrem," alleging that
the patent litigation settlement agreements entered into with
generic drug manufacturers who had filed Abbreviated New Drug
Applications, violate state and federal antitrust and consumer
protection laws.
In December 2020, this was centralized in the Northern District of
California for the purpose of discovery and pre-trial proceedings.
JOHNSON & JOHNSON: Lewis Sues Over Deceptive Nasal Decongestant Ads
-------------------------------------------------------------------
THOMAS LEWIS, an individual; DENA FICHOT, an individual, and on
behalf of all others similarly situated, Plaintiffs v. JOHNSON &
JOHNSON, JOHNSON & JOHNSON CONSUMER, INC., KENVUE, INC., and MCNEIL
CONSUMER HEALTHCARE, INC., Defendants, Case No.
3:23-cv-20816-GC-RLS (D.N.J., Sept. 29, 2023) is a consumer
protection class action arising from Defendants' alleged false and
misleading advertising of its oral phenylephrine (PE) products.
According to the complaint, Defendants distribute, market and sell
oral PE products marketed as nasal decongestants. The Defendants
represent and sell oral PE products to provide benefits for the
indications specified - to provide nasal congestion relief to all
consumers who ingest oral PE products. The Defendants' advertising
claims, however, are false, misleading, and reasonably likely to
deceive the public, says the suit.
Allegedly, the Defendants' oral PE products are incapable of
supporting or providing nasal congestion health benefits because
the ingredient in each of Defendants' oral PE products at issue
cannot support or benefit nasal decongestion. Numerous well
designed and well conducted scientific studies have been conducted
on the effects and efficacy of oral PE products. These studies have
demonstrated that oral PE products are ineffective in providing
relief of nasal congestion because PE is too rapidly metabolized by
individuals, which does not allow it to reach the nostrils in time
to provide relief, the suit asserts.
The Plaintiffs saw Defendants' representations by reading the label
of "Tylenol Sinus + Headache Non-Drowsy Daytime Caplets" packages
at Walmart and ShopRite locations during the Class period. In
reliance on the claims at issue made on the label, the Plaintiffs
purchased the Tylenol product on several occasions.
Johnson & Johnson is an American multinational, pharmaceutical, and
medical technologies corporation headquartered in New Brunswick,
New Jersey.[BN]
The Plaintiffs are represented by:
Todd D. Carpenter, Esq.
Scott G. Braden, Esq.
LYNCH CARPENTER LLP
1234 Camino del Mar
Del Mar, CA 92014
Telephone: (619) 762-1910
Facsimile: (724) 656-1556
E-mail: todd@lcllp.com
scott@lcllp.com
- and -
Katrina Carroll, Esq.
LYNCH CARPENTER LLP
111 W. Washington Street, Suite 1240
Chicago, IL 60602
Telephone: (312) 750-1265
E-mail: katrina@lcllp.com
- and -
Gary Lynch, Esq.
Kelly K. Iverson, Esq.
Patrick Donathen, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: gary@lcllp.com
kelly@lcllp.com
Patrick@lcllp.com
LABCORP PERI-APPROVAL: Urias Suit Removed to S.D. California
------------------------------------------------------------
The case captioned as Andrea Urias, individually, and on behalf of
all others similarly situated v. LABCORP PERI-APPROVAL AND
COMMERCIALIZATION INC., an unknown entity; COVANCE MARKET ACCESS
SERVICES, INC., a corporation; COVANCE INC., a corporation; and
DOES 1 through 10, inclusive, Case No. 37-2023-00027719-CU-OE-CTL
was removed from the Superior Court of the State of California in
and for the County of San Diego, to the United States District
Court for the Southern District of California on Oct. 2, 2023, and
assigned Case No. 3:23-cv-01815-L-MSB.
The Complaint asserts the following claims for relief against
Defendant: Failure to Pay Minimum and Straight Time Wages; Failure
to Pay Overtime Wages; Failure to Provide Meal Periods; Failure to
Authorize and Permit Rest Periods; Failure to Timely Pay Final
Wages at Termination; Failure to Provide Accurate Itemized Wage
Statements; Failure to Indemnify Employees for Expenditures; and
Unfair Business Practices.[BN]
The Defendant is represented by:
Kimberly Carter, Esq.
Ronnie Arenas, Esq.
KELLEY DRYE & WARREN LLP
350 South Grand Avenue, Suite 3800
Los Angeles, CA 90071
Phone: (213) 547-4900
Facsimile: (213) 547-4901
Email: KCarter@KelleyDrye.com
RArenas@KelleyDrye.com
LABORATORY CORPORATION: Young Suit Removed to W.D. Washington
-------------------------------------------------------------
The case captioned as Kristine M. Young, individually and on behalf
of all those similarly situated v. LABORATORY CORPORATION OF
AMERICA, a foreign Corporation, HEATHER D. BELLAMY, an individual,
and BREANNE E. WASHINGTON, an individual, Case No. 23-2-09355-6 was
removed from the Superior Court of the State of Washington in and
for Pierce County to the United States District Court for the
Western District of Washington on Oct. 2, 2023, and assigned Case
No. 3:23-cv-05892.
The Complaint seeks compensatory and exemplary damages, attorneys'
fees and costs, and prejudgment interest on behalf of a putative
statewide class for: failure to provide meal periods; failure to
provide rest periods; failure to pay overtime wages; and willful
withholding of wages.[BN]
The Defendant is represented by:
Jeffrey A. James, Esq.
15375 SE 30th Pl., Suite 310
Bellevue, Washington 98007
Phone: (425) 454-4233
Email: jjames@sbj.law
- and -
Robert I. Steiner, Esq.
Mark A. Konkel, Esq.
KELLEY DRYE & WARREN LLP
3 World Trade Center
175 Greenwich Street
New York, New York 10007
MARCADIS CAREY: Rivero Sues Over Illegal Debt Collection Practices
------------------------------------------------------------------
NATALIE RIVERO, individually and on behalf of all those similarly
situated, Plaintiff v. MARCADIS CAREY, P.A., Defendant, Case No.
CACE-23-018905 (Fla. Cir., 17th Judicial, Broward Cty., Sept. 27,
2023) is a class action against the Defendant for alleged violation
of the Fair Debt Collection Practices Act.
According to the complaint, the Defendant is liable to Plaintiff
and the Class for attempting to collect consumer debts from Florida
consumers without first registering and/or maintaining a valid
consumer collection agency license in accordance with Florida law.
The Defendant identifies April6, 2023, as the itemization date of
the consumer debt in the collection letter. The Defendant violated
the FDCPA by using the represented itemization date in the
collection letter because the represented itemization date is not
one of the five dates permitted by Section 1006.34(b)(3) of Reg F
and using the represented itemization date as though it was one of
the five dates permitted by law is false, deceptive, and/or
otherwise misleading to the least sophisticated consumer, says the
suit.
Marcadis Carey, P.A is a debt collection law firm based in
Florida.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
gerald@jibraellaw.com
MASTRO CONCRETE: Faces Mata Suit Over Unlawful Labor Practices
--------------------------------------------------------------
MODESTO RUBI GONZALEZ MATA, individually and on behalf of all
others similarly situated, Plaintiff v. MASTRO CONCRETE INC. and
ANTHONY MASTRONARDI, MARIO MASTRONARDI, and MARIA ARDUINI, as
individuals, Defendants, Case No. 720071/2023 (N.Y. Sup., Queens
Cty., Sept. 27, 2023) seeks to recover money damages as a result of
Defendants' egregious violations of New York State wage-and-hour
laws, and specifically, the New York Labor Law, and related state
regulations, arising from the Plaintiff's employment with
Defendants.
The Plaintiff was employed by Defendants as a machine operator,
customer support associate, and cleaner, while performing other
miscellaneous tasks from March 2010 until October 2018. He asserts
that Defendants failed to pay him overtime wages for hours worked
in excess of 40 hours per week, failed to provide with a written
notice, and failed to furnish with wage statements upon each
payment of wages.
Mastro Concrete Inc. is a concrete supplier and mason material
dealer with a principal executive office in Rosedale, New
York.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
MGM RESORTS: Terezo Sues Over Failure to Prevent Cyberattack
------------------------------------------------------------
David Terezo, individually and on behalf of all others similarly
situated v. MGM RESORTS INTERNATIONAL, Case No.
2:23-cv-01577-JAD-VCF (D. Nev., Oct. 3, 2023), is brought against
the Defendant for its failure to prevent a cyberattack that
resulted in the theft and dissemination (the "Data Breach") of
Plaintiff's and other similarly situated consumers' sensitive
information, including, upon information and belief, their full
names, dates of birth, addresses, email addresses, phone numbers,
Social Security numbers and/or driver's license numbers
("Personally identifiable information" or "PII").
Beginning on September 7, 2023 cyberattackers gained access to
Defendant's network by impersonating an IT administrator and
gaining access credentials. The cyberattackers then locked down
Defendant's network preventing resort guests from using their
electronic room cards, Wi-Fi, ATM kiosks, electronic gaming
devices, and other resort services. Thus far, two competing
cybercriminal groups have taken credit for the attack against
Defendant. First, a hacking group known as "The Scatter Spider"
took credit, on or about September 11, 2021, for accessing and
acquiring "six terabytes of data from the systems of
multibillion-dollar casino operators MGM Resorts International."
Second, a ransomware group known as ALPHV took credit, on or about
September 14, 2023, for deploying a ransomware attack against
Defendant and "downloading any and all exfiltrated materials,"
including "PII information contained in the exfiltrated data"
involved in the cyberattack
Upon information and belief, individuals, including Plaintiff and
Class members, who were consumers of Defendant's entertainment
services or sought to join the MGM Rewards loyalty program are
required to entrust Defendant with sensitive, non-public PII,
without which Defendant could not perform its regular business
activities, in order to obtain entertainment products and/or
services from Defendant. Defendant retains this information for at
least many years and even after the consumer relationship has
ended.
By obtaining, collecting, using, and deriving a benefit from the
PII of Plaintiff and Class members, Defendant assumed legal and
equitable duties to those individuals to protect and safeguard that
information from unauthorized access and intrusion.
The Defendant failed to adequately protect Plaintiff's and Class
members PII––and failed to even encrypt or redact this highly
sensitive information. This unencrypted, unredacted PII was
compromised due to Defendant's negligent and/or careless acts and
omissions and its utter failure to protect consumers' sensitive
data. Hackers targeted and obtained Plaintiff's and Class members'
PII because of its value in exploiting and stealing the identities
of Plaintiff and Class members. The present and continuing risk to
victims of the Data Breach will remain for their respective
lifetimes.
The Plaintiff brings this action on behalf of all persons whose PII
was compromised as a result of Defendant's failure to: adequately
protect the PII of Plaintiff and Class members; warn Plaintiff and
Class members of Defendant's inadequate information security
practices; and effectively secure hardware containing protected PII
using reasonable and effective security procedures free of
vulnerabilities and incidents. Defendant's conduct amounts at least
to negligence and violates federal and state statutes, says the
complaint.
The Plaintiff has been a citizen of Woodbury, New York.
The Defendant owns and operates casino gaming brands with resorts
throughout the United States, which include dining, live
entertainment, accommodations, shopping, and gaming.[BN]
The Plaintiff is represented by:
Leon Greenberg, Esq.
Ruthann Devereaux-Gonzalez, Esq.
LEON GREENBERG PC
1811 South Rainbow Boulevard, Suite 210
Las Vegas, NV 89146
Phone: (702) 383-6085
Facsimile: (702) 385-1827
Email: leongreenberg@overtimelaw.com
ranni@overtimelaw.com
- and -
Rachele R. Byrd, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
750 B Street, Suite 1820
San Diego, CA 92101
Phone: (619) 239-4599
Facsimile: (619) 234-4599
Email: byrd@whafh.com
- and -
Jon Tostrud, Esq.
Anthony Carter, Esq.
TOSTRUD LAW GROUP, PC
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: 310/278-2600
Facsimile: 310/278-2640
Email: jtostrud@tostrudlaw.com
acarter@tostrudlaw.com
NEOVIA LOGISTICS: Sanders Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Sierra Sanders, individually, and on behalf
of other members of the general public similarly situated v. NEOVIA
LOGISTICS DISTRIBUTION, LP, a Delaware limited partnership; and
DOES 1 through 100, inclusive, Case No. CVRI2304361 was removed
from the Superior Court of California, County of Riverside, to the
United States District Court for the Central District of California
on Oct. 2, 2023, and assigned Case No. 5:23-cv-02014.
The Plaintiff's complaint alleges the following causes of action:
Failure to Pay Overtime Wages; Failure to Provide Meal Periods;
Failure to Permit Rest Breaks; Failure to Pay Minimum Wages;
Failure to Pay All Wages Due Upon Separation of Employment; Failure
to Pay Wages Timely During Employment; Failure to Provide Accurate
Itemized Wage Statements; Failure to Keep Payroll Records; Failure
to Reimburse Business Expenses; and Unfair Business Practices.[BN]
The Defendant is represented by:
Tracie Childs, Esq.
Keenan P. O'Connor, Esq.
Brett R. Tengberg, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Phone: 858-652-3100
Facsimile: 858-652-3101
Email: tracie.childs@ogletree.com
keenan.OConnor@ogletree.com
brett.tengberg@ogletree.com
NEW YORK, NY: Puig Sues Over Unpaid Overtime Wages
--------------------------------------------------
Juan Puig, on behalf of himself and others similarly situated v.
THE CITY OF NEW YORK, the DEPARTMENT OF EDUCATION OF THE CITY OF
NEW YORK, and NYC SCHOOL SUPPORT SERVICES, INC., Case No.
1:23-cv-08674 (S.D.N.Y., Oct. 3, 2023), is brought seeking recovery
against the Defendants for unpaid overtime, liquidated damages, and
attorneys' fees and costs as a result of the violations of the Fair
Labor Standards Act ("FLSA") and the New York Labor Law and the
supporting New York State Department of Labor regulations
(collectively "NYLL").
The Plaintiff has access to his pay records from the years 2021
through the present; defendants' system does not allow plaintiff
access to his payroll records from 2020 and earlier. The records
from 2021 through the present confirm that plaintiff worked
overtime nearly every week of his employment. Mr. Puig's pay
records reveal that he worked over forty hours per week nearly
every week of his employment with defendants, and that his overtime
hours between 2021 and September 2023 varied from a low of 39 hours
to a high of 171 hours per two week period--i.e., between 19.5 and
85.5 per week.
Between 2021 and 2023, Mr. Puig worked an average of 105.93 hours
of overtime hours (weekly hours worked after he had already
completed forty hours per week) per two week period--i.e., an
average of 52.965 overtime hours per week.
The Plaintiff does not have access to his hour totals for 2020, but
believes that they are similar to 2021, 2022, and 2023. The
Defendants have unlawfully failed to pay plaintiff the proper
overtime rate to which he was entitled for all of the overtime
hours he worked between 2020 and 2023. Defendants knowingly and
willfully operated their business with a policy of not paying
overtime at a rate of 1.5 times each employee's regular hourly rate
to plaintiff, FLSA collective the Plaintiff, and class members,
says the complaint.
The Plaintiff was hired by the Defendants in 1999, and has been
continuously employed by the Defendants since that time as a
custodian at several New York City public schools.
City of New York is, inter alia, an entity amenable to suit under
the FLSA.[BN]
The Plaintiff is represented by:
Brian L. Greben, Esq.
LAW OFFICE OF BRIAN L. GREBEN
316 Great Neck Road
Great Neck, NY 11021
Phone: (516) 304-5357
NEWREZ LLC: Hernandez Files Suit in E.D. Pennsylvania
-----------------------------------------------------
A class action lawsuit has been filed against Newrez LLC. The case
is styled as Misty Hernandez formerly known as: Misty White,
individually and on behalf of those similarly situated v. Newrez
LLC doing business as: Shellpoint Mortgage Servicing, Case No.
2:23-cv-03569-WB (E.D. Pa., Sept. 14, 2023).
The nature of suit is state as Other Statutes for Consumer Credit.
Newrez LLC -- https://www.newrez.com/ -- is a leading nationwide
mortgage lender and servicer.[BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI BARRETT & BENDESKY
1650 Market St., 52nd Floor
One Liberty Place
Philadelphia, PA 19103
Phone: (215) 575-3895
Email: phoward@smbb.com
NEXCARE HEALTH: Miller Sues Over Failure to Pay Overtime Wages
--------------------------------------------------------------
TANZANIA MILLER, individually and for others similarly situated v.
NEXCARE HEALTH SYSTEMS, LLC, Case No. 2:23-cv-12447-SJM-CI (E.D.
Mich., Sept. 27, 2023) is a collective action brought by the
Plaintiff to recover unpaid overtime wages and other damages from
the Defendant pursuant to the Fair Labor Standards Act.
Plaintiff Miller regularly worked more than 40 hours a week, like
the Putative Class Members. But NexCare did not pay them for all
the hours they worked. Instead, the Defendant automatically
deducted 30 minutes a day from these employees' recorded work time
for so-called "meal breaks." NexCare's auto-deduction policy
violates FLSA by depriving Plaintiff and the Putative Class Members
of overtime wages for all overtime hours worked, says the suit.
Plaintiff Miller worked for NexCare as a certified nursing
assistant at NexCare's Valley View Care Center facility in Grand
Rapids, Michigan from approximately July 2019 until January 2023.
NexCare Health Systems, LLC is a healthcare company that provides
nursing and rehabilitation services.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
William C. (Clif) Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
- and -
Jennifer L. McManus, Esq.
FAGAN MCMANUS, PC
25892 Woodward Avenue
Royal Oak, MI 58067-0910
Telephone: (248) 542-6300
E-mail: jmcmanus@faganlawpc.com
NUANCE COMMUNICATIONS: Salas Sues Over Failure to Safeguard PII
---------------------------------------------------------------
Juan Salas, individually, and on behalf of all others similarly
situated v. NUANCE COMMUNICATIONS, INC., Case No. 1:23-cv-12273-IT
(D. Mass., Oct. 3, 2023), is brought against the Defendant for its
failure to secure and safeguard the sensitive information of over
one million people that it was entrusted to safeguard.
As a result of its failure, the following types of personally
identifiable information are now in the hands of criminal hackers:
Names, details about radiology studies received, including a
description of the studies, dates of service, providers, facility
names, and study identifiers. According to the Maine Attorney
General Office, the breach also included names and other personal
identifiers, combined with Social Security numbers, which is
protected health information ("PHI", and collectively with PII,
"Private Information") as defined by the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA").
According to the Defendant's notice letter, the software of one of
its third-party vendors "was recently the victim of a security
incident, which some of your personal information" between May 28
and May 29, 2023 ("Data Breach"). On July 10, 2023, the Defendant
confirmed the personal information was stolen. And on August 8,
2023, the Defendant notified the Plaintiff's healthcare provider
about the incident. Yet it was not until September 22, 2023, that
the Defendant began notifying its users, including Plaintiff, that
their data was stolen.
The Defendant owed a non-delegable duty to Plaintiff and Class
members to implement and maintain reasonable and adequate security
measures to secure, protect, and safeguard their Private
Information against unauthorized access and disclosure. It also had
an obligation to ensure that any vendor or third party it selected
to offload the sensitive information it was entrusted with would
take reasonable measures to safeguard that data.
As a result of the Defendant's inadequate vendor screening and
security measures, and breach of its legal duties and obligations,
the Data Breach occurred, and Plaintiff's and Class members'
Private Information was accessed and stolen by an unspecified
actor. the Defendant permitted Plaintiff's and Class members'
Private Information to be held in unencrypted form despite the
heightened sensitivity of such Private Information.
The Defendant disregarded the rights of Plaintiff and Class members
by intentionally, willfully, recklessly, or negligently failing to
implement and maintain adequate and reasonable measures to ensure
that the Private Information of Plaintiff and Class members was
safeguarded, failing to take available steps to prevent an
unauthorized disclosure of data, and failing to follow applicable,
required, and appropriate protocols, policies, and procedures
regarding the encryption of data, even for internal use.
As a result, the Private Information of Plaintiff and Class members
was compromised through disclosure to an unknown and unauthorized
third party. Plaintiff and Class members have a continuing interest
in ensuring that their information is and remains safe, and they
should be entitled to injunctive and other equitable relief, says
the complaint.
The Plaintiff received a letter from the Defendant regarding the
Data Breach, dated September 22, 2023.
The Defendant offers artificial intelligence solutions to document
patient visits around the world.[BN]
The Plaintiff is represented by:
Randi Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (212) 594-5300
Email: rkassan@milberg.com
- and -
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 705
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Facsimile: (954) 525-4300
Email: ostrow@kolawyers.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: 866.252.0878
Email: gklinger@milberg.com
ORAL SURGEONS: Glass Sues Over Failure to Secure Personal Data
--------------------------------------------------------------
Kerri E. Glass, individually and on behalf of all others similarly
situated, v. ORAL SURGEONS OF VIRGINIA, PLLC d/b/a FAIRFAX ORAL AND
MAXILLOFACIAL SURGERY, Case No. 1:23-cv-01246-RDA-IDD (E.D. Va.,
Sept. 15, 2023), is brought for damages with respect to the
Defendant for its failure to exercise reasonable care in securing
and safeguarding its patients' sensitive personal data including
names, driver's license numbers, Social Security numbers,
(personally identifying information" or "PII") and medical and
health insurance information, which is protected health information
("PHI", and collectively with Private Information, "Private
Information" as defined by the Health Insurance Portability and
Accountability Act of 1996 ("HIPPA").
Upon information and belief, former and current Fairfax patients
are required to entrust Defendant with sensitive, non-public
Private Information, without which Defendant could not perform its
regular business activities, in order to obtain medical services
from Fairfax. Defendant retains this information for years and even
after the patient-physician relationship has ended. By obtaining,
collecting, using, and deriving a benefit from the Private
Information of Plaintiff and Class Members, Defendant assumed legal
and equitable duties to those individuals to protect and safeguard
that information from unauthorized access and intrusion.
The Defendant's data security failure allowed a targeted
cyberattack in May 2023 to compromise Defendant's network (the
"Data Breach") that contained Private Information of Plaintiff and
other individuals. The Defendant sent notice to the Department of
Health and Human Services Office for Civil Rights ("HHS") on or
about July 14, 2023, that the individuals affected numbered
208,194.1 According to a notice on its website, Defendant confirmed
that the "security incident" occurred on its network on May 16,
2023. Despite learning of the Data Breach on or about May 16, 2023,
and determining that Private Information was involved in the breach
between May 15, 2023 and May 16, 2023, Defendant claims it did not
begin sending notices of the Data Breach (the "Notice Letter")
until July 14, 2023.
The Defendant failed to adequately protect Plaintiff's and Class
Members' Private Information--and failed to even encrypt or redact
this highly sensitive information. This unencrypted, unredacted
Private Information was compromised due to Defendant's negligent
and/or careless acts and omissions and their utter failure to
protect its patients' data. Hackers targeted and obtained
Plaintiff's and Class Members' Private Information because of its
value in exploiting and stealing the identities of Plaintiff and
Class Members. The present and continuing risk to victims of the
Data Breach will remain for their respective lifetimes, says the
complaint.
The Plaintiff is a patient of Defendant's and has received services
as last as Spring of this year.
Oral Surgeons of Virginia, PLLC d/b/a Fairfax Oral and
Maxillofacial Surgery is a healthcare company incorporated under
the state laws of Virginia.[BN]
The Plaintiff is represented by:
Matthew T. Sutter, Esq.
SUTTER & TERPAK, PLLC
7540 Little River Tnpk., Suite A, First Floor
Annandale, VA 22003
Phone: (703) 256-1800
Fax: (703) 991-6116
Email: matt@sutterandterpak.com
- and -
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street N.E., Suite 302
Washington, D.C. 20002
Phone: (202) 470-3520
Fax: (202) 800-2730
PLATEIA INC: Faces Rivera Suit Over Unpaid Overtime Wages
---------------------------------------------------------
EFREN NUNEZ RIVERA, and PEDRO INFANTE, on behalf of themselves and
all other similarly situated persons, known and unknown, Plaintiffs
v. PLATEIA, INC., d/b/a MEDITERRANEAN KITCHEN BAR, DIMITRI DOUVLIS,
individually, and PETROS PAPADATOS, individually, Defendants, Case
No. 23-14292 (N.D. Ill., Sept. 29, 2023) arises from the
Defendants' failure to pay overtime wages, in violation of the
federal Fair Labor Standards Act, the Illinois Minimum Wage Law,
and the Cook County Minimum Wage Ordinance.
The complaint asserts that Plaintiff and the Class members all
experienced not being paid time-and-one-half their respective
hourly rates for hours worked over 40 each week.
The Plaintiffs are former employees of the Defendants who worked as
line cooks.
Plateia, Inc., d/b/a Mediterranean Kitchen Bar, is an Illinois
for-profit corporation, with its principal place of business in
Glenview, Illinois.[BN]
The Plaintiffs are represented by:
Max Barack, Esq.
Andrew Fullett, Esq.
THE GARFINKEL GROUP, LLC
701 N. Milwaukee Avenue, The CIVITAS
Chicago, IL 60642
E-mail: max@garfinkelgroup.com
andrew@garfinkelgroup.com
PROCTER & GAMBLE: Reyes Sues Over Nasal Decongestants' Deceptive Ad
-------------------------------------------------------------------
REBECCA LYNN REYES, individually and on behalf of those similarly
situated, Plaintiff v. THE PROCTER & GAMBLE COMPANY and WALMART
INC. Defendants, Case No. 1:23-cv-00623-DRC (S.D. Ohio, Sept. 29,
2023) seeks to remedy on behalf of the Plaintiff and all similarly
situated consumers, the harm caused by the Defendants'
misrepresentation of their over-the-counter nasal decongestant
products containing phenylephrine (PE) pursuant to the Oklahoma
Deceptive Trade Practices Act and the Oklahoma Consumer Protection
Act.
According to the complaint, the Defendants market these products as
providing nasal decongestant relief and attribute the products'
ability to provide nasal decongestant relief to the inclusion of
one active ingredient: PE. The Plaintiff and the Class reviewed and
relied on this marketing when purchasing Defendants' products
including PE. The Defendants knew and/or had reason to know, at all
times material to Plaintiff's claims, that their products were no
more effective than placebo. Accordingly, Defendants'
misrepresentations regarding the products are false, misleading,
and likely to deceive the public, says the suit.
The Procter & Gamble Company is an American multinational consumer
goods corporation headquartered in Cincinnati, Ohio.[BN]
The Plaintiff is represented by:
Derek W. Loeser, Esq.
Cari Campen Laufenberg, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Telephone: (206) 623-1900
Facsimile: (206) 623-3384
E-mail: dloeser@kellerrohrback.com
claufenberg@kellerrohrback.com
PROCTER & GAMBLE: Tobin Sues Over Misstatements Made on Labels
--------------------------------------------------------------
Mark Tobin, individually, and on behalf of others similarly
situated v. THE PROCTER & GAMBLE COMPANY, Case No. 3:23-cv-05061
(N.D. Cal., Oct. 3, 2023), is brought seeking to hold the Defendant
responsible for misstatements made on the labels of its Vicks
DayQuil and NyQuil SEVERE Honey Cold & Flu Liquid medicine and
Vicks DayQuil and NyQuil Kids Honey Cold & Cough + Congestion (the
"Products" or "Product").
The Defendant prominently represents that the Products are "made
with real honey" or "flavored with real honey", including by
stating on the label cap seal (which is designed to resemble honey)
below the statement "COATS AND SOOTHES" that the Products are "MADE
WITH REAL HONEY" or "FLAVORED WITH REAL HONEY" and by displaying
the word HONEY" on the front label adjacent to a large image of a
honey dipper dripping honey over a honeycomb (collectively, the
"Representations").
Despite these prominent Representations, the Products are either
made with no real honey at all or are made with such an
insignificant amount of honey that it does not "COAT and SOOTHE" or
provide real honey flavor.
Tellingly, despite the FDA requirement that Defendant list honey as
an ingredient, honey is not listed in the ingredient statement on
the Products. Instead of being made from or flavored with "real
honey" the Products are principally made from and flavored with
artificial flavors, sweeteners, and additives, which are designed
to mimic the taste and color of real honey, but do not provide the
benefits of real honey.
Reasonable consumers of Defendant's Products, like Plaintiff, are
misled and deceived by Defendant's label Representations. Defendant
is able to command a price premium for the Products based on its
false Representations. Plaintiff and reasonable consumers suffered
economic injury based on the purchase price of the Products. If
Plaintiff had known the truth about Defendant's false and
misleading Representations, he would not have purchased the
Products or would have paid less for them, says the complaint.
The Plaintiff is a citizen of California who purchased the Products
in this judicial district during the class period.
The Defendant manufacture, market, distribute, label, promote,
advertise and sell the Products.[BN]
The Plaintiff is represented by:
Naomi Spector, Esq.
KAMBERLAW, LLP
1501 San Elijo Road South, Ste.104
San Marcos, CA 92078
Phone: 310.400.1053
Fax: 212.202.6364
Email: nspector@kamberlaw.com
PROGRESSIVE CASUALTY: Madaffari Suit Removed to S.D. Florida
------------------------------------------------------------
The case styled as Giovanni J. Madaffari, on behalf of himself and
all others similarly situated v. Progressive Casualty Insurance
Company, Case No. CACE23016685 was removed from the 17th Judicial
Circuit Court, in and for Broward Co., to the U.S. District Court
for the Southern District of Florida on Sept. 15, 2023.
The District Court Clerk assigned Case No. 0:23-cv-61785-DMM to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Progressive Casualty Insurance Co. -- https://www.progressive.com/
-- is an insurance company. The Company provides personal,
automobile, homeowner, boat, renters, business, life, and health
insurance services.[BN]
The Plaintiff is represented by:
Benjamin W. Raslavich, Esq.
KUHN RASLAVICH, P.A.
2110 West Platt Street
Tampa, FL 33606
Phone: (813) 422–7782
Facsimile: (813) 422–7783
Email: ben@theKRfirm.com
The Defendant is represented by:
Elizabeth D. Adler, Esq.
Phyllis B. Sumner, Esq.
Robert D. Griest, Esq.
KING & SPALDING LLP
1180 Peachtree Street, NE
Atlanta, GA 30309
Phone: (404) 572-4600
Fax: (404) 572-5100
Email: eadler@kslaw.com
psumner@kslaw.com
- and -
Ross Elliot Linzer, Esq.
KING & SPALDING
Southeast Financial Center
200 S. Biscayne Boulevard, Suite 4700
Miami, FL 33131
Phone: (305) 462-6029
Email: rlinzer@kslaw.com
PROSPECT MEDICAL: Hoggro Files Suit in C.D. California
------------------------------------------------------
A class action lawsuit has been filed against Prospect Medical
Holdings, Inc. The case is styled as Rodney Hoggro, individually,
and on behalf of all others similarly situated v. Prospect Medical
Holdings, Inc., Case No. 2:23-cv-08331 (C.D. Cal., Oct. 3, 2023).
The nature of suit is state as Other P.I. for Personal Injury.
Prospect Medical Holdings, Inc. -- https://www.pmh.com/ -- is a
health care management services organization which provides
administrative and management services.[BN]
The Plaintiff appears pro se.
RA JOHNSFAM INC: Juarez Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against RA JOHNSFAM, INC. The
case is styled as Maritza Juarez, on behalf of other members of the
general public similarly situated v. RA JOHNSFAM, INC., Case No.
BCV-23-103279 (Cal. Super. Ct., Kern Cty., Oct. 2, 2023).
The case type is stated as "Other Employment - Civil Unlimited."
RA Johnsfam doing business as McDonald's-Ming Ave is a classic,
long-running fast-food chain known for its burgers & fries.[BN]
The Plaintiff is represented by:
Barbara Duvan-Clarke, Esq.
BLACKSTONE PC
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 310-361-0599
Email: BDC@blackstonepc.com
REGINA'S FAMILY: Faces Melik Wage-and-Hour Suit in E.D.N.Y.
-----------------------------------------------------------
VICTOR MELIK, individually and on behalf of all others similarly
situated, Plaintiff v. REGINA'S FAMILY PIZZA INC. d/b/a REGINA'S
PIZZERIA & RESTAURANT and MICHAEL WARD and MAHMUD DACI, as
individuals, Defendants, Case No. 1:23-cv-07301 (E.D.N.Y., Sept.
29, 2023) seeks to recover damages for Defendants' egregious
violations of the Fair Labor Standards Act, the New York Labor Law,
and the New York State Human Rights Law.
The Plaintiff alleges the Defendants' failure to pay proper
overtime wages, failure to pay spread-of-hours compensation,
failure to provide wage statements, and failure to furnish a
written wage notice. The Plaintiff also asserts that his Hispanic
coworkers regularly made comments about him being white and treated
him differently than everyone else. He tolerated months of
discrimination based on his race until he was assaulted by a
coworker for this very reason.
Plaintiff Melik was employed by the Defendants as a cook and
counter person from July 2022 until February 2023.
Regina's Family Pizza Inc., d/b/a Regina's Pizzeria & Restaurant,
is a pizza restaurant with principal executive offices in Fresh
Meadows, New York.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
RICO CHIMI: Faces Ovaez Wage-and-Hour Suit in E.D.N.Y.
------------------------------------------------------
WILBERSY OVAEZ, on behalf of herself and others similarly situated,
Plaintiff v. RICO CHIMI BROOKLYN, INC. d/b/a RICO CHIMI, SOENI
ACOSTA and DIEGO ACOSTA, Defendants, Case No. 1:23-cv-07297
(E.D.N.Y., Sept. 29, 2023) arises from the Defendants' alleged
unlawful labor practices in violation of the Fair Labor Standards
Act, the New York Labor Law, the New York City Human Rights Law,
and the New York State Human Rights Law.
The Plaintiff alleges the Defendants' failure to pay minimum and
overtime wages, failure to furnish wage notices, and failure to
provide statement with every payment of wages. The Plaintiff also
brings this action for discrimination and retaliation when the
Defendants terminated her employment because of her disabilities
and/or perceived disabilities.
The Plaintiff was hired by Defendants to work at Rico Chimi from
February 2021 until her termination on June 8, 2023. In her role at
Rico Chimi, Plaintiff was responsible for, among other things,
performing work at the cash register for Defendants' restaurant, as
well as performing other miscellaneous work, such as cleaning the
premises.
Rico Chimi Brooklyn, Inc. engages in the restaurant business in
Brooklyn, New York.[BN]
The Plaintiff is represented by:
Yale Pollack, Esq.
LAW OFFICES OF YALE POLLACK, P.C.
66 Split Rock Road
Syosset, NY 11791
Telephone: (516) 634-6340
E-mail: ypollack@yalepollacklaw.com
SHEAR ENTERPRISES: Faces Garcia Suit Over Unwanted Text Messages
----------------------------------------------------------------
MARISA GARCIA, individually and on behalf of all others similarly
situated, Plaintiff v. SHEAR ENTERPRISES, LLC, Defendant, Case No.
23-008561-CI (Fla. Cir., 6th Judicial, Pinellas Cty., Sept. 30,
2023) is an action against the Defendant for injunctive and
declaratory relief, and damages for violations of the Florida
Telephone Solicitation Act.
The Plaintiff alleges that the Defendant made text message sales
calls that promoted Rhonda Shear lingerie brand and violated the
Caller ID Rules when it transmitted to the recipients' caller
identification services a telephone number that was not capable of
receiving telephone calls.
Shear Enterprises, LLC, is registered as a Florida Limited
Liability Company, which develops apparel and intimates for women
throughout the U.S. through its online store.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
SHIMANO NORTH AMERICA: Erazo Sues Over Defective Cranksets
----------------------------------------------------------
Jose Erazo, Kevin Litam, Maurice Scorsolini, and Marcus Lewis,
individually and on behalf of all others similarly situated v.
SHIMANO NORTH AMERICA BICYCLE, INC., SHIMANO NORTH AMERICA HOLDING,
INC., SPECIALIZED BICYCLE COMPONENTS, INC., and TREK BICYCLE
CORPORATION, Case No. 5:23-cv-02051-DMG-SHK (C.D. Cal., Oct. 3,
2023), is brought concerning certain "Hollowtech" 11-speed road
cranksets (the "Defective Cranksets") sold and distributed by
Shimano and equipped on bicycles manufactured and sold by the
Bicycle Manufacturer Defendants.
"Class Bicycles" refers to all bicycles sold by the Bicycle
Manufacturer Defendants that came equipped with a Defective
Crankset. The Defective Cranksets share a common, uniform defect:
the bonded crank parts can separate and break, posing a crash
hazard to consumers.
As a result of the common defect, instead of functioning as
intended and as consumers expect, the Defective Cranksets can
separate while the bicycle is in operation, causing crashes and
significant personal injuries. The serious danger posed by the
Defective Cranksets was not disclosed to consumers until September
21, 2023, when, after years of denials, Shimano finally
acknowledged the widespread issue with the Defective Cranksets and
issued a recall.
Even though Shimano has finally acknowledged the widespread issue,
it is working hard to limit the cost of fixing the issue at the
expense of consumers. Rather than offering to issue refunds or
replacements for all of the Defective Cranksets, Shimano has taken
the unconscionable position that only "consumers whose cranksets
show signs of bonding separation or delamination during an
inspection will be provided a free replacement crankset that the
dealer will professionally install."
As a result of the undisclosed "Crankset Defect," Plaintiffs and
the other members of the proposed Classes (collectively, the
"Class") were harmed and suffered actual damages. The Defective
Cranksets were sold at bicycle stores for between $270 and $1,500
and also as a standard component on Class Bicycles sold by the
Bicycle Manufacturer Defendants for many thousands of dollars. The
Crankset Defect significantly diminishes the value of the Defective
Cranksets and the Class Bicycles on which they were installed.
Further, Plaintiffs and the other Class members did not receive the
benefit of their bargain; rather, they purchased cranksets and
bicycles that are of a lesser standard, grade, and quality than
represented, and they did not receive cranksets and bicycles that
met ordinary and reasonable consumer expectations regarding safe
and reliable operation.
The Plaintiffs and the other Class members also suffered damages in
the form of out-of-pocket and loss-of-use expenses and costs, and,
as a direct result of the deficient recall remedy, have
out-of-pocket economic damage by virtue of their having incurred
the expense of taking the time to bring their bicycle in for the
mandated inspection, says the complaint.
The Plaintiffs purchased cranksets and bicycles from the
Defendant.
Shimano North America Bicycle Inc. is a California corporation with
its principal place of business in Irvine, California.[BN]
The Plaintiff is represented by:
Adam J. Levitt, Esq.
John E. Tangren, Esq.
Daniel R. Ferri, Esq.
DICELLO LEVITT GUTZLER LLC
Ten North Dearborn Street, Eleventh Floor
Chicago, IL 60602
Phone: 312-214-7900
Email: alevitt@dicellolevitt.com
jtangren@dicellolevitt.com
dferri@dicellolevitt.com
- and -
Steven M. Jodlowski, Esq.
DICELLO LEVITT LLP
4747 Executive Drive, Second Floor
San Diego, CA 92121
Phone: 619-923-3939
Email: stevej@dicellolevitt.com
- and -
Robert G. Loewy, Esq.
LAW OFFICES OF ROBERT G. LOEWY, P.C
20 Enterprise, Suite 310
Aliso Viejo, CA 92656
Phone: 949-468-7150
Email: rloewy@rloewy.com
- and -
Eric S. Dwoskin, Esq.
DWOSKIN WASDIN LLP
433 Plaza Real, Suite 275
Boca Raton, FL 33432
Phone: 561-849-8060
Email: edwoskin@dwowas.com
- and -
Nicholas F. Wasdin, Esq.
DWOSKIN WASDIN LLP
110 North Wacker Drive
Chicago, IL 60606
Phone: 312-343-5361
Email: nwasdin@dwowas.com
SIMILASAN CORPORATION: Ortega Sues Over Unapproved Eye Drop Product
-------------------------------------------------------------------
MARIO ORTEGA and KAMILLE FAYE VINLUAN-JULARBAL, individually and on
behalf of all others similarly situated, Plaintiffs v. SIMILASAN
CORPORATION, Defendant, Case No. 5:23-cv-01984 (C.D. Cal., Sept.
27, 2023) is a class action against the Defendant for breach of
implied warranties, breach of express warranty, fraudulent
omission, unjust enrichment, and for violations of California's
Unfair Competition Law, California's Legal Remedies Act,
California's False Advertising Law, and State Consumer Protection
Statutes.
The Defendant markets, distributes, and sells eye drops. The
Defendant's eye drops are intended for use in the eye, and purport
to relieve symptoms for a variety of eye ailments, such as pink
eye, dry eye, and allergies. According to the complaint,
Defendant's eye drops are dangerously defective, for several
reasons. First, they are unapproved drugs, and thus illegal to
sell. Second, they are labeled "sterile," when in fact they are not
manufactured using processes sufficiently designed to prevent
contamination. Third, they contain silver sulfate, a substance that
can decrease night vision and cause irreversible eye and skin
discoloration. The products, however, fail to warn of any of these
risks, says the suit.
Plaintiffs Mario Ortega and Kamille Faye Vinluan-Jularbal purchased
and used Defendant's Eye Drops. They did not know that the eye
drops were unapproved drugs. They did not know that the eye drops
were unsafe and adulterated, that they were made using faulty
processes, or that they contained a preservative that could harm
their eyes or skin. Had they known the truth, they would not have
purchased the eye drops. And if other consumers knew the truth,
they would immediately stop using the eye drops. The Plaintiffs
bring this case to force Defendant to recall its products and issue
full refund to consumers who used them, the Plaintiffs assert.
Similasan Corporation is a global manufacturer of over-the-counter
health and beauty products.[BN]
The Plaintiffs are represented by:
Christin K. Cho, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: christin@dovel.com
SPACE EXPLORATION: Fails to Pay Proper Wages, Foltz Alleges
-----------------------------------------------------------
ASHLEY FOLTZ, individually and on behalf of all others similarly
situated, Plaintiff v. SPACE EXPLORATION TECHNOLOGIES CORP D/B/A
SPACEX; and Does 1-10, inclusive, Defendants, Case No. 23STCV24097
(Cal. Super., Los Angeles Cty., Oct. 3, 2023) seeks to recover from
the Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs.
Plaintiff Foltz was employed by the Defendants as an engineer.
SPACE EXPLORATION TECHNOLOGIES CORP D/B/A SPACEX designs and
manufactures rockets and space crafts. The Company develops crew
and cargo capsules, engines, cryogenic tank structures, avionics,
and equipment. [BN]
The Plaintiff is represented by:
Elliot J. Siegel, Esq.
Julian Burns King, Esq.
Erum Siddiqui, Esq.
KING & SIEGEL LLP
724 South Spring Street, Suite 201
Los Angeles, CA 90014
Tel: (213) 465-4802
Fax: (213) 465-4803
Email: elliot@kingsiegel.com
julian@kingsiegel.com
erum@kingsiegel.com
TATTLE TAIL: Owen Sues Over Unpaid Wages, Unlawful Taking of Tips
-----------------------------------------------------------------
JANICE CHRISTINE OWEN, individually and on behalf of those
similarly situated, Plaintiff v. TATTLE TAIL, INC. d/b/a Tattletale
Lounge, DENIS KAUFMAN, and RICHARD R. SCHRONCE, Defendants, Case
No. 1:23-cv-04398-TWT (N.D. Ga., Sept. 27, 2023) seeks to recover
Plaintiff's unpaid minimum and overtime wages, recovery of unlawful
deductions, liquidated damages, interest, and attorneys' fees and
costs pursuant to the Fair Labor Standards Act.
According to the complaint, the Defendants failed to pay Plaintiff
and other similarly situated employees the minimum wage and
overtime wage for all hours worked. The Defendants also required
Plaintiff and similarly situated employees to make certain payments
to Tattle Tale employees and others which caused Plaintiffs' (and
those similarly situated) wages to drop below the minimum wage and
applicable overtime wage, thereby constituting illegal deductions
under the FLSA; these unlawful deductions were an illegal retention
of earned tips under the FLSA.
Plaintiff Owen is a resident of Las Vegas, Nevada and was employed
by Defendants as an exotic dancer at the Tattle Tale from March of
2015 through June 24, 2023.
Tattle Tail, Inc. owns and operates an adult entertainment club in
Atlanta, Fulton County, Georgia known as the "Tattle Tale" or
"Tattletale Lounge."[BN]
The Plaintiff is represented by:
Jonah A. Flynn, Esq.
FLYNN LAW FIRM, LLC
4200 Northside Parkway NW
Building One, Suite 100
Atlanta, GA 30327
Telephone: (404) 835-9660
E-mail: jflynn@flynnfirm.com
TEMPLE FAMILY: Fails to Pay Proper Overtime, Malloy Suit Says
-------------------------------------------------------------
JENNIFER MALLOY and COLLEEN RABBITT, on behalf of themselves and
those similarly situated, Plaintiffs v. TEMPLE FAMILY PRACTICE
PLAN, Defendant, Case No. 2:23-cv-03774 (E.D. Pa., Sept. 27, 2023)
alleges that the Defendant has acted willfully and with reckless
disregard of clearly applicable provisions of the Fair Labor
Standards Act and the Pennsylvania Minimum Wage Act of 1968 by
failing to pay the Plaintiffs and similarly situated employees
overtime compensation for all hours worked over 40 per week.
Plaintiffs Malloy and Rabbitt have been employed by Defendant since
January 1, 2021 as registered nurses to provide a variety of health
care services including performance of nurse practitioner duties at
various locations.
Temple Family Practice Plan is in the business of providing health
care services at various hospitals and medical care facilities
owned and operated by Temple University Health System in
Philadelphia and the Philadelphia metropolitan area.[BN]
The Plaintiffs are represented by:
Jonathan Walters, Esq.
Peter Demkovitz, Esq.
MARKOWITZ & RICHMAN
123 S. Broad Street, Suite 2020
Philadelphia, PA 19109
Telephone: (215) 875-3121
E-mail: jwalters@markowitzandrichman.com
pdemkovitz@markowitzandrichman.com
- and -
Peter Winebrake, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: pwinebrake@winebrakelaw.com
TOYOTA MOTORS: Miles Files Suit in C.D. California
--------------------------------------------------
A class action lawsuit has been filed against Toyota Motors Sales,
U.S.A., Inc., et al. The case is styled as Robert Miles,
individually and on behalf of all others similarly situated v.
Toyota Motors Sales, U.S.A., Inc., Does 1-50, Case No.
8:23-cv-01704-FWS-DFM (C.D. Cal., Sept. 13, 2023).
The nature of suit is stated as Motor Vehicle Product Liability.
Toyota Motor Sales, USA, Inc. -- https://www.toyota.com/usa/ -- is
the North American Toyota sales, marketing, and distribution
subsidiary devoted to the United States market.[BN]
The Plaintiff is represented by:
Brian D. Chase, Esq.
Ian M. Silvers, Esq.
BISNAR CHASE LLP
1301 Dove Street Suite 120
Newport Beach, CA 92660
Phone: (949) 752-2999
Fax: (949) 752-2777
Email: bchase@bisnarchase.com
isilvers@bisnarchase.com
UNITEDLEX CORP: Krant Sues Over Failure to Protect Personal Info
----------------------------------------------------------------
JEREMY KRANT, TODD DEATON, THOMAS NASH, SHANA VACHHANI and KIMBERLY
MILLER, individually and on behalf of all others similarly
situated, Plaintiffs v. UNITEDLEX CORPORATION, Defendant, Case No.
2:23-cv-02443-DDC-TJJ (D. Kan., Sept. 29, 2023) is a class action
against the Defendant for negligence, negligence per se, breach of
implied contract, breach of confidence, breach of fiduciary duty,
fraudulent concealment, declaratory judgment, and violations of the
California Constitution's Right to Privacy and the Virginia Data
Breach Notification Law.
On or before March 6, 2023, ULX suffered a data breach whereby
third-party hackers gained access to over 200 GB of sensitive
information maintained on ULX's servers and demanded a ransom in
exchange for not releasing the information. The stolen information
included, at a minimum, full names, Social Security numbers,
financial information used for payroll, and benefits information
for ULX's current and former employees.
According to the complaint, ULX is responsible for the data breach
because it failed to implement and maintain reasonable safeguards
to protect its current and former employees' personal identifying
information, as well as clients' confidential information. ULX knew
better as its entire business is centered on handling sensitive
information and counseling clients about implementing best
practices to avoid such a breach.
The Plaintiffs bring this action, on behalf of themselves and those
similarly situated, to seek redress for the lifetime of harm they
will now face, including reimbursement of losses associated with
identity theft and fraud, out-of-pocket costs incurred to mitigate
the risk of future harm, compensation for time and effort spent
responding to the Data Breach, and the costs of extended credit
monitoring services and identity-theft insurance.
UnitedLex Corporation is a Kansas-based company that provides data
management and professional services to law firms and corporate
legal departments in the areas of litigation and investigations,
intellectual property, contracts, compliance, and legal
operations.[BN]
The Plaintiffs are represented by:
Norman E. Siegel, Esq.
J. Austin Moore, Esq.
Abby E. McClellan Paradise, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
E-mail: siegel@stuevesiegel.com
moore@stuevesiegel.com
mcclellan@stuevesiegel.com
- and -
Bryce B. Bell, Esq.
Jenilee V. Zentrich, Esq.
T. Grant Honnold, Esq.
BELL LAW, LLC
2600 Grand Blvd., Suite 580
Kansas City, MO 64108
Telephone: (816) 886-8206
E-mail: Bryce@BellLawKC.com
JZ@BellLawKC.com
TGH@BellLawKC.com
- and -
Melody R. Dickson, Esq.
Tyler W. Hudson, Esq.
Eric D. Barton, Esq.
WAGSTAFF & CARTMELL
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: mdickson@wcllp.com
thudson@wcllp.com
ebarton@wcllp.com
VHS OF MICHIGAN: Kumpula Sues Over Nurses' Unpaid OT
----------------------------------------------------
KENDRA KUMPULA, individually and for others similarly situated v.
VHS OF MICHIGAN, INC. d/b/a DETROIT MEDICAL CENTER, Defendant, Case
No. 2:23-cv-12448-JEL-EAS (E.D. Mich., Sept. 27, 2023) is a
collective action brought by the Plaintiff to recover unpaid
overtime wages and other damages from the Defendant pursuant to the
Fair Labor Standards Act.
Plaintiff Kumpula regularly worked more than 40 hours a week, like
the Putative Class Members. But DMC did not pay them for all the
hours they worked. Instead, DMC automatically deducted 30 minutes a
day from these employees' recorded work time for so-called "meal
breaks." DMC's auto-deduction policy violates FLSA by depriving
Kumpula and the Putative Class Members of overtime wages for all
overtime hours worked, says the suit.
Plaintiff Kumpula worked for DMC as a registered nurse at
Sinai-Grace Hospital in Detroit, Michigan from approximately
February 2020 until April 2023.
VHS of Michigan, Inc., d/b/a Detroit Medical Center, is an
academically-integrated hospital system in metro Detroit,
Michigan.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
William C. (Clif) Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
- and -
Jennifer L. McManus, Esq.
FAGAN MCMANUS, PC
25892 Woodward Avenue
Royal Oak, MI 58067-0910
Telephone: (248) 542-6300
E-mail: jmcmanus@faganlawpc.com
Asbestos Litigation
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
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